Bill S2135B-2013

Makes various provisions relating to prostitution offenses

Establishes the "trafficking victims protection and justice act"; makes various provisions relating to prostitution offenses; creates crimes of aggravated patronizing a minor for prostitution; relates to sexually exploited children and youthful offender adjudication; provides specialized training for judges who oversee the cases of 16 and 17 year old prostituted youth.

Memo

BILL NUMBER:S2135B

TITLE OF BILL: An act to amend the penal law, the criminal procedure law, the social services law, the mental hygiene law, the correction law, the vehicle and traffic law, the public health law, the real property actions and proceedings law and the real property law, in relation to prostitution offenses; to amend the criminal procedure law and the executive law, in relation to sexually exploited children and youthful offender adjudication; and to amend the judiciary law, in relation to providing specialized training for judges who oversee the cases of 16 and 17 year old prostituted youth

PURPOSE: This bill would improve the State's response to human trafficking and increase the accountability of buyers and traffickers by: (i) conforming the ages a: victims in certain prostitution offenses under Article 230 of the Penal Law to the ages of victims of rape offenses under Article 130 of the Penal Law; (ii) making sex trafficking a Class B violent felony and labor trafficking a Class B felony; (iii) creating three aggravated patronizing offenses where the person patronized is a minor: aggravated patronizing a minor for prostitution in the third degree, a Class E felony; aggravated patronizing a minor for prostitution in the second degree, a Class A felony; and aggravated Patronizing a minor for prostitution in the first degree, a Class B felony. This bill would also improve the school zone prostitution law by adding as a Class E felony the offense of patronizing a person for prostitution in a school zone and removing the scienter requirement in the offense of promoting prostitution in a school zone. Additionally, the bill establishes special arrest procedures consistent with the Safe Harbour for Exploited Youth Act (the "Safe Harbor Act"), and Provides that a 16- or 17- year old charged with a prostitution offense will be treated as a sexually exploited child and the criminal court judge will have the authority to order specialized services consistent with the Safe Harbor Act for such child. Additionally, the bill eliminates the term "prostitute" used in the Penal Law and replaces it with "person for prostitution."

SUMMARY OF PROVISIONS:

Section 1 provides that the act shall be known and may be cited as the "trafficking victims protection and justice act".

Section 2 amends section 60.13 of the Penal Law, as added by Chapter 7 of the Laws of 2007; to add patronizing a person for prostitution in the second degree as defined in section 230.05, aggravated Patronizing a minor for prostitution in the third degree as defined in section 230.11, aggravated patronizing a minor for prostitution in the second degree as defined in section 230.12, and aggravated patronizing a minor for prostitution in the first degree as defined in section 230.13, as felony sex offenses.

Section 3 amends paragraph (a) of subdivision 1 of section 70.02 of the Penal Law, as amended by Chapter 320 of the Laws of 2006, to add sex trafficking as defined in section 230.34 as a Class B violent felony offense.

Section 4 amends paragraph (a) of subdivision 1 of section 70.80 of the Penal Law, as added by Chapter 7 of the Laws of 2007, to add

patronizing a Person for prostitution in the second degree, aggravated patronizing a minor for prostitution in the third degree, aggravated patronizing a minor for prostitution in the second degree and aggravated patronizing a minor for prostitution in the first degree as felony sex offenses.

Section 5 amends section 135.35 of the Penal Law, as added by Chapter 74 of the Laws of 2007, to provide that labor trafficking is a Class B felony, in lieu of a Class D felony.

Section 6 amends the Penal Law by adding a new section 230.01 to provide for an affirmative defense in any prosecution under section 230.00 or section 240.37(2) of the Penal. Law that the defendant's participation in the offense was a result of being a victim of sex trafficking under section 230.34 of the Penal Law or a victim of trafficking under the federal Trafficking Victims Protection Act.

Section 7 amends section 230.02 of the Penal Law, as amended by Chapter 627 of the Laws of 1978, to replace the term "prostitute" with "person for prostitution" and to make the section gender neutral.

Section 8 amends subdivision 2 of section 230.03 of the Penal Law, as added by Chapter 191 of the Laws of 2011, to provide that the definition of School zone also applies for purposes of section 230.03, patronizing a person for prostitution in a school zone.

Section 9 amends the Penal Law by adding a new section 230.03 to provide a new offense, patronizing a person for prostitution in a school zone. A person is guilty of patronizing a person for prostitution in a school zone when he or she commits the crime of patronizing a person for prostitution in violation of section 230.04, 230.05 or 230.06 of the Penal Law in a school zone during the hours that school is in session. This section provides that patronizing a person for prostitution in a school zone is a Class E felony.

Section 10 amends section 230.04 of the Penal Law, as amended by Chapter 74 of the Laws of 2007, to replace the term "prostitute" with "person for prostitution."

Section 11 amends section 230.05 of the Penal Law, as amended by Chapter 627 of the Laws of 1978, to provide that a person is guilty of patronizing a person for prostitution in the second degree when being 18 years old or more, he or she patronizes a person for prostitution and the person patronized is less than 15 years old. Current law provides that a person is guilty of this offense where he is over age 18 and the person patronized is less than 14 years old. The section also replaces the term "prostitute" with "person for prostitution" and makes the section render neutral.

Section 12 amends section 230.06 of the Penal Law, as added by Chapter 627 of the Laws of 1978, to add that a person is guilty of patronizing a person for prostitution in the first degree when being 18 years old or more he or she patronizes a person for prostitution and the person patronized is less than 13 years old. The section also replaces the term "prostitute" with "person for, prostitution" and makes the section gender neutral.

Section 13 amends section 230.10 of the Penal Law to replace the term "prostitute" with "person for prostitution."

Section 14 amends the Penal Law by adding three new sections 230.11, 230.12 and 230.13. New section 230.11 creates the new offense of aggravated patronizing a minor for prostitution in the third degree. A person is guilty of aggravated patronizing a minor for prostitution in the third degree when, being 21 years old or more, he or she patronizes a person for prostitution and the person patronized is less than 17 years old and the person guilty of patronizing engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct. Aggravated patronizing a minor for prostitution in the third degree is a Class E felony.

New section 230.12 creates the new offense of aggravated patronizing a minor for prostitution in the second degree. A person is guilty of aggravated patronizing a minor for prostitution in the second degree when, being 18 veers old or more, he or she patronizes a person for prostitution and the person patronized is less than 15 years old and the person guilty of patronizing engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct. Aggravated patronizing a minor for prostitution in the second degree is a Class 0 felony.

New section 230.13 creates the new offense of aggravated patronizing a minor for prostitution in the first degree. A person is guilty of aggravated patronizing a minor for prostitution in the first degree when he or she patronizes a person for prostitution and the person patronized is less than 11 years old, or the person patronized is less than 13 years old and the person patronizing a person for Prostitution is 18 years old or more, and in either case the person guilty of patronizing engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct. Aggravated patronizing a minor for prostitution in the first degree is a Class B felony.

Section 15 amends subdivisions 1 and 2 of section 230.15 of the Penal Law to replace the term "prostitute" with "person for prostitution" and makes the section gender neutral.

Section 16 amends subdivision 1 of section 230.19 of the Penal Law, as added by Chapter 191 of the Laws of 2011, to eliminate the scienter requirement so that a person is guilty of promoting prostitution in a school zone when, being 19 years old or more, he or she knowingly advances or profits from prostitution in a school zone during the hours that school is in session.

Section 17 amends the opening paragraph and subdivisions 1 and 2 of section 230.25 of the Penal Law, the opening paragraph and subdivision 2 as amended by Chapter 627 of the Laws of 1976 and subdivision 1 as amended by Chapter 74 of the Laws of 2007, to add that a person is guilty of promoting prostitution in the third degree when he or she profits from prostitution by engaging, either alone or in association with others, in a business or enterprise consisting of the transporting of a person or persons for the purposes of prostitution. The section also replaces the term "Prostitute" with "person for prostitution" and makes the section gender neutral.

Section 18 amends the opening paragraph of section 230.30 of the Penal Law, as amended by Chapter 627 of the Laws of 1978, to make the section gender neutral.

Section 19 amends section 230.32 of the Penal Law, as added by Chapter 627 of the Laws of 1978, by providing that a person is guilty of promoting prostitution in the first degree when he or she knowingly advances or profits from Prostitution of a person less than 13 years old, in lieu of less than 11 years old.

Section 20 amends section 230.33 of the Penal Law, as added by Chapter 450 of the Laws of 2005, by providing that a person is guilty of compelling prostitution when, being 21 years old or more, he or she knowingly advances prostitution by compelling by force or intimidation a person less than 18 years old, in lieu of less than 16 years old, to engage in prostitution.

Section 21 amends subdivision 1 and paragraph (h) of subdivision 3 of section 230.34 of the Penal Law, as added by Chapter 74 of the Laws of 2007, by adding to the substances that are unlawfully provided to a person who is patronized with intent to impair such person's judgment methylenedioxymethammhetamine (MOMA), also known as Ecstasy. The section also adds a new subdivision 6 to provide that a person is guilty of sex trafficking if he or she intentionally advances or profits from prostitution by knowingly advancing prostitution of a person less than 18 years old.

Section 22 amends section 230.35 of the Penal Law, as amended by Chapter 480 of the Laws of 2005, by providing that in a prosecution for promoting prostitution or compelling prostitution, a person less than 18 years old from whose prostitution activity another person is alleged to have advanced or attempted to advance or profited or attempted to profit shall not be deemed to be an accomplice. Current law provides that a person less than 17 years old under such circumstances shall not be deemed an accomplice.

Section 23 amends section 230.40 of the Penal Law to add that a person is guilty of permitting prostitution when, having possession or control of a vehicle that he or she knows is being used for prostitution or for the purpose of advancing prostitution, he or she fails to make reasonable effort to halt or abate such use.

Section 24 amends subdivision 2 of section 240.37 of the Penal Law, as added by Chapter 344 or. the Laws of 1976, and adds a new subdivision 3 to add that any person who remains or wanders about in a public place and repeatedly beckons to, or repeatedly stops, or repeatedly attempts to stop, or repeatedly attempts to engage passers-by in conversation, or repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes with the free passage of other persons, for the purpose of patronizing a person for prostitution is guilty of a violation and is guilty of a Class B misdemeanor if such person has previously been convicted of a violation of this section or of sections 230.04, 230.05, 230.06 or 230.08 of the Penal Law.

Section 25 amends section 120.90 of the Criminal Procedure Law to establish arrest procedures in the case of a warrant of arrest when a 16- or 17-year old is taken into custody for an act which would

constitute prostitution under section 230.00 of the Penal Law or loitering for the purposes of prostitution under section 240.37(2) of the Penal Law. After performing without unnecessary delay all recording, fingerprinting and other preliminary police duties, a police officer shall bring the arrested person before a local criminal court and file an appropriate accusatory instrument. If the local criminal court is not in session, the arresting officer shall take the person to an available short-term safe house. A police office or peace officer is not precluded from originating a person in need of supervision proceeding pursuant to section 733 of the Family Court Act in lieu of referral for prosecution.

Section 26 amends section 140.20 of the Criminal Procedure Law to establish arrest procedures in the case of an arrest without a warrant when a 16- or 17-year old is taken into custody for an act which would constitute prostitution under section 230.00 of the Penal Law or loitering for the purposes of prostitution under section 240.37(2) of the Penal Law. After performing without unnecessary delay all recording, fingerprinting and other preliminary police duties, a police officer shall bring the arrested person before a local criminal court and file an appropriate accusatory instrument. If the local criminal court is not in session, the arresting officer shall take the person to an available short-term safe house. A police office or peace officer is not precluded from originating a person in need of supervision proceeding pursuant to section 733 of the Family Court Act in lieu of referral for prosecution.

Section 27 amends section 170.10 of the Criminal Procedure Law to provide that in any proceeding based upon an arrest of a 16- or 17-year old for prostitution as defined in section 230.00 of the Penal Law, or loitering for the purposes of prostitution as defined in section 240.37(2) of the Penal Law, such youth shall be treated as a sexually exploited child pursuant to section 447-a of the Social Services Law. The section further provides that the court shall order specialized services set forth in section 447-a(2)-(5) for up to three months upon the consent of such youth. Nothing shall preclude the court from dismissing the case in the interest of justice pursuant to section 170.30(1)(g) of the Criminal Procedure Law.

Section 28 amends section 170.30 of the Criminal Procedure Law to provide that after arraignment upon an information, a simplified information, a prosecutor's information or a misdemeanor complaint, the local criminal court shall dismiss such instrument on the grounds that a sexually exploited child accused of prostitution as defined in section 230.00 of the Penal Law or loitering for the purposes of prostitution as defined in section 240.37(2) of the Penal Law cooperated with services ordered by the court.

Section 29 amends subdivision 6 of section 380.50 of the Criminal Procedure Law, as amended 'by Chapter 320 of the Laws of 2006, to add to the list of enumerated offenses for which a defendant is sentenced offenses under sections 230.04, patronizing a person for prostitution in the third degree, 230.06, patronizing a person for prostitution in a school zone, 230.11, aggravated patronizing a minor for prostitution in the third degree, 230.12, aggravated patronizing a minor for prostitution in the second degree, and 230.13, aggravated patronizing a minor for prostitution in the first degree, wherein the prosecutor

shall, within 60 days of the imposition of sentence provide the victim with a form on which the victim may indicate a demand to be informed of any petition to change the name of such defendant.

Section 30 amends subdivision 1 of section 440.10 of the Criminal Procedure Law, as added by Chapter 332 of the Laws of 2010, to replace the term "prostitute" with "person for prostitution."

Section 31 amends paragraph (h) of subdivision 3 of section 700.05 of the Criminal Procedure Law, as amended by Chapter 154 of the Laws of 1990, to include promoting prostitution in the third degree as defined in section 230.25 of the Penal Law in the definition of "designated offense."

Section 32 amends subdivision 1 of section 720.10 of the Criminal Procedure Law, as amended by Chapter 411 of the Laws of 1979, to include in the definition of youth a person charged with loitering for the purposes of prostitution as defined in section 240.37(2) of the Penal Law where such violation was alleged to have been committed when he or she was sixteen or seventeen years old.

Section 33 amends paragraph (b) of subdivision 1 of section 720.20 of the Criminal Procedure Law, as amended by Chapter 652 of the Laws of 1974, to provide that any conviction for prostitution or loitering for prostitution resulting in a prior youthful offender adjudication shall not preclude the youth's eligibility for youthful offender treatment pursuant to such subdivision 1. In addition, where a 16- or 17-year old youth is convicted of prostitution as defined in section 230.00 of the Penal Law or loitering for the purposes of prostitution as defined in section 240.37(2) of the Penal Law, the court meet find such youth is a youthful offender.

Section 34 amends subdivision (a) of section 483-cc of the Social Services Law, as added by Chapter 74 of the Laws of 2007, to add that an established provider of social or legal services designated by the Office of Temporary and Disability Assistance (OTDA) or the Office for the Prevention of Domestic Violence is authorized to notify OTDA and the Division of Criminal Justice Services that a person who reasonably appears to be a human trafficking victim may be eligible for services under this article.

Section 35 amends subdivision (p) of section 10.03 of the Mental Hygiene Law, as added by Chapter 7 of the Laws of 2007, to add as a sex offense aggravated patronizing a minor for prostitution in the first degree under 230.13 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section 230.12 of the Penal Law, and aggravated patronizing a minor for prostitution in the third degree under section 230.11 of the Penal Law.

Section 36 amends subparagraph (i) of paragraph (a) of subdivision 2 of section 168-a of the Correction Law, as amended by Chapter 405 of the Laws of 2008, to add as a sex offense patronizing a person for prostitution in a school zone under section 230.08 of the Penal Law, aggravated patronizing a minor for prostitution in the third degree under 230.11 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section 230.12 of the Penal Law, and aggravated Patronizing a minor for prostitution in the first

degree under section 230.23 of the Penal Law, sex trafficking under section 230.34 of the Penal Law, and promoting prostitution in the third degree under section 230.25 of the Penal Law where the person prostituted is in fact less than 17 years old.

Section 37 amends paragraph (b) of subdivision 1 of section 168-d of the Correction Law, as amended by Chapter 74 of the Laws of 2007, to replace the term years "of age" to "old."

Section 38 amends paragraph (c) of subdivision 4 of section 509-cc of the Vehicle and Traffic Law, as amended by Chapter 400 of the Laws of 2011, to add to the enumerated offenses of which a person is convicted that results in the disqualification for five years of such person from operating a school bus patronizing a person for prostitution in the third degree under section 230.04 of the Penal Law, patronizing a person for prostitution in a school zone under section 230.08 of the Penal Law, aggravated patronizing a minor for prostitution in the third degree under 230.11 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section 230-12 of the Penal Law, aggravated patronizing a minor for prostitution in the first degree under section 230.13 of the Penal Law, and promoting prostitution in a school. zone under section 230.19 of the Penal Law.

Section 39 amends section 2324-a of the public health law, as amended by Chapter 260 of the Laws of 1978, to add to the enumerated offenses patronizing a person for prostitution in the third degree under section 230.04 of the Penal Law, patronizing a person for prostitution in the first degree under section 230.06 of the Penal Law, patronizing a person for prostitution in a school zone under section 230.08 of the Penal Law, aggravated patronizing a minor for prostitution in the third degree under 230.11 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section 230.12 of the Penal Law, aggravated patronizing a minor for prostitution in the first degree under section 230.13 of the Penal Law, and promoting prostitution in the first degree under section 230.32 of the Penal Law. Two or more convictions of any of the enumerated offenses within a one-year period arising out of conduct at a dwelling as defined shall be presumptive evidence of conduct constituting use of the premises for purposes of prostitution.

Section 40 amends subdivision 2 of section 715 of the Peal Property Actions and Proceedings Law, as added by Chapter 494 of the Laws of 1976, to add to the enumerated offenses patronizing a person for prostitution in the third degree under section 230.04 of the Penal Law, patronizing a person for prostitution in the first degree under section 230.06 of the Penal Law, Patronizing a person for prostitution in a school zone under section 230.08 of the Penal Law, aggravated patronizing a minor for prostitution in the third degree under 230.11 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section. 230.12 of the Penal Law, aggravated patronizing a minor for prostitution in the first degree under section 230.13 of the Penal Law, and promoting prostitution in the first degree under section 230.32 of the Penal Law. Two or more convictions of any of the enumerated offenses within a one-year period arising out of conduct at a dwelling as defined shall be presumptive evidence of conduct constituting use of the premises for purposes of prostitution.

Section 41 amends subdivision 3 of section 231 of the Real Property Law, as amended by Chapter 203 of the Laws of 1980, to add to the enumerated offenses patronizing a person for prostitution in the third degree under section 230.04 of the Penal Law, patronizing a person for prostitution in the first degree under section 230.06 of the Penal Law, patronizing a person for prostitution in a school zone under section 230.09 of the Penal Law, aggravated patronizing a minor for prostitution in the third degree under 230.11 of the Penal Law, aggravated patronizing a minor for prostitution in the second degree under section 230.12 of the Penal Law, aggravated patronizing a minor for prostitution in the first degree under section 230.13 o4' the Penal Law, and promoting prostitution in the first degree under section 230.32 of the Penal Law. Two or more convictions of any of the enumerated offenses within a one-year period arising out of conduct at a dwelling as defined shall be presumptive evidence of unlawful use of such premises and the owner's knowledge of the same.

Section 42 amends subdivision 3 of section 502 of the executive Law, as amended by section 1 of subpart B of Part Q of Chapter 58 of the Laws of 2011, to include in the definition of detention a 16- or 17-year old alleged to have committed prostitution as defined in section 230.00 of the Penal Law or loitering for the purposes of prostitution as defined in section 240.37(2) of the Penal Law.

Section 43 amends subdivision 2 of section 212 of the Judiciary Law to require the chief administrator of the courts to adopt rules establishing a training program in specialized areas involving sexually exploited youth and adolescent development.

Section 44 sets forth the effective date as the ninetieth day after it shall have become law.

JUSTIFICATION: Since 2007, Hew York State has taken significant measures to hold accountable sex and labor traffickers, sex tourism operators and others who organize, promote, advance, support and patronize the trafficking industry. The State has also taken important steps in recent years to acknowledge that many individuals facing prosecution for engaging in prostitution are, in fact, victims of human trafficking.

This legislation improves in several significant ways the State's response to human trafficking by enhancing protection of and assistance to victims of trafficking, particularly in instances of commercial sexual exploitation of children, and increasing the accountability of buyers and traffickers who are fueling the growth of this massive underground industry.

Conforming penalties. This bill creates the felony sex offenses of aggravated patronizing a minor in the third degree (Penal Law 230.11), the second degree (Penal Law § 230.12), and the first degree (Penal Law § 230.13) to conform the penalties for patronizing with those for statutory rape. Currently, an individual convicted of patronizing a minor for prostitution receives a lesser penalty than one. who rapes a minor of the same age. For example, an 18-year old found guilty of raping a 12-year old is convicted of a class H felony sex offense; however, an 18-year old found guilty of patronizing a 12-year old is convicted of a class E felony. This distinction

undercuts the legislative finding, expressed in the Safe Harbour for Exploited Youth Act (the "Safe Harbor Act"), that minors in prostitution are sexually exploited children as defined in Social Services Law § 447-a(1). Imposing a lesser penalty for individuals who pay to abuse suggests that the exchange of money mitigates the magnitude of the offense.

Making the crimes of aggravated patronizing a minor sex offenses (amending Penal Law §§ 60.13 and 70.80(1)(a)) also furthers the legislative goal of recognizing commercial sexual exploitation of children as a form of child sexual abuse.

Consistency within the Penal Law. The bill creates consistency within the Penal Law by aligning the ages of victims in each degree of patronizing a prostituted minor crimes with the age delineated in the corresponding degree of rape offense. For the crime of patronizing a person for prostitution in the second degree (Penal Law § 230.05), the age of the victim is changed from less than 14 to less titan 15, where the patronizer is 18 years old or older. The crime of patronizing a person for prostitution in the first degree (Penal Law § 230.06) is amended to include an individual who is 18 years old or older and patronizes a person less than 13 years old. The crime of promoting prostitution in the first degree (Penal Law § 230.32) is amended to include situations where the age of the child promoted is under 13 ,instead of under 11. The crime of compelling prostitution (Penal. Law § 230.33) is amended to include situations in which the child compelled is under 18 rather than under 16. Lastly, a person less than 18 instead of less than 17 will not be deemed an accomplice in promoting or compelling prostitution under. Penal Law § 230.35.

Alignment with Federal Law and the Family Court Act. This bill brings State law into alignment with Federal law by removing the coercion requirement for minors under the State's anti-human trafficking law. Currently, Hew York trafficking law, unlike Federal trafficking law (the Trafficking Victims Protection Act), requires that prosecutors prove coercion even when the victim is a minor. By amending the Penal Law (new § 230.34(6)), the bill also aligns the Penal Law with the Family Court Act, which creates a presumption that a minor charged with prostitution is a trafficking victim.

Affirmative defense to prostitution. This bill establishes sex trafficking as an affirmative defense to prostitution (new § 230.01 of the Penal Law). In 2010, the Criminal Procedure Law was amended to enable sex trafficking victims to vacate prostitution convictions ( 440.10(1) (i)). Providing an affirmative defense to prostitution where the defendant asserts that he or she is a victim of sex trafficking will prompt defense counsel to investigate such circumstances, and to bring the matter to the attention of the prosecutor and the court. Such Preemptive advocacy would further legislative intent expressed in the 2010 amendment, contribute to the protection of victims and the reduction of trafficking, and obviate the need for later post-conviction challenges.

Treating 16- and 17-year olds charged with prostitution as sexually exploited children. The Legislature, in enacting the Safe Harbor for Exploited Youth Act of 2008 ("Safe Harbor Act"), recognized that individuals under the age of eighteen who are arrested for

prostitution or loitering for the purposes of prostitution are victims of the commercial sexual exploitation of children. Consistent, overall implementation of this reform has been undermined, however, by inconsistent provisions, particularly in the Penal Law and Criminal Procedure Law that were not simultaneously amended to further this important legislative goal. In practice, 16- and 17-year-old victims continue to be treated as criminal defendants.

This legislation creates special arrest procedures consistent with the Safe Harbor Act (Criminal Procedure Law new §§120.90(9) and 140.20(8)). it also provides that a 16- or 17- year old charged with a prostitution offense will be treated as a sexually exploited child pursuant to section 447-a of the Social Services Law and the criminal court judge will have the authority to order specialized services consistent with the Safe Harbor Act (Criminal Procedure Law new §170.10 (10) and (11)). Upon completion of services the court will dismiss the charges (Criminal Procedure Law new §170.30(4)). If a youth is ultimately convicted of prostitution or loitering for the purposes of prostitution, the conviction will be replaced by a youthful offender adjudication, resulting in the sealing of the conviction (Criminal Procedure Law §720.10 and new §720.20(1)(c)). Further, a sexually exploited child alleged to have committed prostitution or loitering for the purposes of prostitution may be held in a youth detention facility (Executive Law § 502(3)) far a period no longer than the period currently prescribed by the Penal Law for such offenses. Additionally, this bill will require specialized training for judges who oversee the cases of 16- and 17- year old prostituted youth (Judiciary Law new §212(2) (s)).

Referral of services by providers. Accessing social services is critically important for human trafficking victims. Established providers of social and legal services are often the first to come into contact with victims and develop trusting relationships with them. It is appropriate that these providers, in addition to law enforcement and district attorneys, be able to make referrals for needed services. This bill amends the Social Services Law (§ 483-cc) to expand the scope of persons authorized to make such referrals to include designated established providers of social or legal services.

Enhanced penalties for trafficking. Sex and labor trafficking axe serious crimes that devastate the lives of victims. Sex trafficking victims are subjected to rape, frequently over and over, on a daily basis. Labor trafficking victims endure forced labor, often for prolonged periods of enslavement. The penalties for trafficking should be commensurate with the severity of the offenses. The bill designates sex trafficking as a Class B violent felony (Penal Law § 70.02) and raises the penalty for labor trafficking from a Class U felony to a Class B felony (Penal Law §135.35).

Including patronizers in the School Zone law. In his memo in which he signed into law the legislation that enhanced the penalties for prostitution in a school zone and promoting prostitution in a school zone, Governor Cuomo called attention to a gap in the bill, namely, that it failed to "provide a complete, fully effective solution to the problem it is designed to address" by omitting patronizers. The Governor urged the Legislature to "enact similar enhanced penalties for patronizing a prostitute within a school zone, in order to protect

our children." This bill amends the Penal Law (§ 230.08 and § 230.19) consistent with the Governor's recommendation.

Holding livery and limousine drivers accountable. Livery and limousine drivers, many unlicensed, have become central players in the trafficking of human beings. This growing phenomenon was the focus of a joint hearing of the New York City Council's Women's Issues and Public Safety Committees last fall. Amending the Penal Law to include the use of a vehicle for the purpose of advancing prostitution to constitute the offense of permitting prostitution under Penal Law 230.40, and to include engaging in a business or enter rise that consists of the transporting of persons for the purposes of prostitution to constitute the crime of promoting prostitution in the third degree under Penal Law § 230.25, will better ensure that livery and limousine drivers will be prosecuted for their crimes.

Eliminating the stigma inherent in the Penal Law. The use of the term "prostitute" in the Penal raw unnecessarily stigmatizes a large group of criminal defendants, many of whom are sex trafficking victims. The use of the term "prostitute" is the only instance in the Penal Law where an individual is identified by the crime he or she allegedly commits; nowhere else does the Penal Law designate the criminal defendant by the crime. For example, a criminal defendant is not referred to as a "murderer," "robber," or "burglar." Given the fact that the vast majority of the persons designated as "prostitutes" are women, the use of the word "prostitute" reflects and contributes to gender bias. To eliminate the stigma and bias, the bill replaces all references in the Penal Law to "prostitute" with the phrase "Person for prostitution."

Better utilization of investigatory tools. The bill enhances the development of evidence-based cases against pimps and traffickers by amending the Criminal Procedure Law §700.05) to allow law enforcement to obtain judicial warrants to conduct eavesdropping and video surveillance where there is reasonable cause that the suspect manages, supervises, controls or owns a house of prostitution, or prostitutes minors or otherwise engages in activities that constitute promoting prostitution in the third degree under Penal Law § 230.25. Currently, law enforcement can obtain judicial warrants to intercept conversations in their investigations of traffickers only when they can establish coercion or that the victim is under 16. Without the ability to conduct surveillance of persons overtly promoting prostitution and the instruments used in furtherance of such promotion, law enforcement has long been stymied in ferreting out these perpetrators. With this amendment, we will facilitate the investigation of prostitution rings and, at the same time, identify and target human traffickers.

Finally, to address the increased use by traffickers of ecstasy to coerce and control their victims, the bill adds the drug ecstasy to the list of substances unlawfully provided to a person who is patronized with the intent to impair such person's judgment, constituting sex trafficking under Penal Law § 230.34.

LEGISLATIVE HISTORY:. Same as A.9804, 2012 referred to Codes. Similar to A.245A, 2012 and 2011 referred to Codes. Similar to A.602, 2010 and

2009 referred to Codes. Similar to A.10958, 2008 referred to Codes. Similar to S.7986 (Saland), 2008 passed Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Effective on the ninetieth day after it shall have become law.

Text

STATE OF NEW YORK
________________________________________________________________________
2135--B
Cal. No. 385
2013-2014 Regular Sessions
IN SENATE
January 11, 2013
___________

Introduced by Sens. LANZA, GALLIVAN, ADAMS, ADDABBO, AVELLA, BALL, BONA-
CIC, BOYLE, CARLUCCI, DeFRANCISCO, DILAN, HANNON, HASSELL-THOMPSON,
HOYLMAN, KENNEDY, KLEIN, LAVALLE, MARTINS, MONTGOMERY, PARKER,
PERKINS, SAVINO, TKACZYK, VALESKY -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- reported favorably from said committee and
committed to the Committee on Rules -- reported favorably from said
committee to third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the penal law, the criminal procedure law, the social
services law, the mental hygiene law, the correction law, the vehicle
and traffic law, the public health law, the real property actions and
proceedings law and the real property law, in relation to prostitution
offenses; to amend the criminal procedure law and the executive law,
in relation to sexually exploited children and youthful offender adju-
dication; and to amend the judiciary law, in relation to providing
specialized training for judges who oversee the cases of 16 and 17
year old prostituted youth
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "trafficking victims protection and justice act".
S 2. Section 60.13 of the penal law, as added by chapter 7 of the laws
of 2007, is amended to read as follows:
S 60.13 Authorized dispositions; felony sex offenses.
When a person is to be sentenced upon a conviction for any felony
defined in article one hundred thirty of this chapter, including a sexu-
ally motivated felony, or PATRONIZING A PERSON FOR PROSTITUTION IN THE
SECOND DEGREE, AS DEFINED IN SECTION 230.05 OF THIS CHAPTER, patronizing
a [prostitute] PERSON FOR PROSTITUTION in the first degree as defined in

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03210-21-3

S. 2135--B 2

section 230.06 of this chapter, AGGRAVATED PATRONIZING A MINOR FOR PROS-
TITUTION IN THE THIRD DEGREE AS DEFINED IN SECTION 230.11 OF THIS CHAP-
TER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE SECOND
DEGREE AS DEFINED IN SECTION 230.12 OF THIS CHAPTER, AGGRAVATED PATRON-
IZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION
230.13 OF THIS CHAPTER, incest in the second degree as defined in
section 255.26 of this chapter, or incest in the first degree as defined
in section 255.27 of this chapter, or a felony attempt or conspiracy to
commit any of these crimes, the court must sentence the defendant in
accordance with the provisions of section 70.80 of this title.
S 3. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 320 of the laws of 2006, is amended to read as
follows:
(a) Class B violent felony offenses: an attempt to commit the class
A-I felonies of murder in the second degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act in the first
degree as defined in section 130.50, aggravated sexual abuse in the
first degree as defined in section 130.70, course of sexual conduct
against a child in the first degree as defined in section 130.75;
assault in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary in the first
degree as defined in section 140.30, arson in the second degree as
defined in section 150.15, robbery in the first degree as defined in
section 160.15, SEX TRAFFICKING AS DEFINED IN SECTION 230.34, incest in
the first degree as defined in section 255.27, criminal possession of a
weapon in the first degree as defined in section 265.04, criminal use of
a firearm in the first degree as defined in section 265.09, criminal
sale of a firearm in the first degree as defined in section 265.13,
aggravated assault upon a police officer or a peace officer as defined
in section 120.11, gang assault in the first degree as defined in
section 120.07, intimidating a victim or witness in the first degree as
defined in section 215.17, hindering prosecution of terrorism in the
first degree as defined in section 490.35, criminal possession of a
chemical weapon or biological weapon in the second degree as defined in
section 490.40, and criminal use of a chemical weapon or biological
weapon in the third degree as defined in section 490.47.
S 4. Paragraph (a) of subdivision 1 of section 70.80 of the penal law,
as added by chapter 7 of the laws of 2007, is amended to read as
follows:
(a) For the purposes of this section, a "felony sex offense" means a
conviction of any felony defined in article one hundred thirty of this
chapter, including a sexually motivated felony, or patronizing a [pros-
titute] PERSON FOR PROSTITUTION in the first degree as defined in
section 230.06 of this chapter, PATRONIZING A PERSON FOR PROSTITUTION IN
THE SECOND DEGREE AS DEFINED IN SECTION 230.05 OF THIS CHAPTER, AGGRA-
VATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE AS
DEFINED IN SECTION 230.11 OF THIS CHAPTER, AGGRAVATED PATRONIZING A
MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.12
OF THIS CHAPTER, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE
FIRST DEGREE AS DEFINED IN SECTION 230.13 OF THIS CHAPTER, incest in the
second degree as defined in section 255.26 of this chapter, or incest in

S. 2135--B 3

the first degree as defined in section 255.27 of this chapter, or a
felony attempt or conspiracy to commit any of the above.
S 5. The closing paragraph of section 135.35 of the penal law, as
added by chapter 74 of the laws of 2007, is amended to read as follows:
Labor trafficking is a class [D] B felony.
S 6. The penal law is amended by adding a new section 230.01 to read
as follows:
S 230.01 PROSTITUTION; DEFENSE.
IN ANY PROSECUTION UNDER SECTION 230.00 OR SUBDIVISION TWO OF SECTION
240.37 OF THIS PART, IT IS AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT'S
PARTICIPATION IN THE OFFENSE WAS A RESULT OF BEING A VICTIM OF SEX TRAF-
FICKING UNDER SECTION 230.34 OF THIS ARTICLE OR A VICTIM OF TRAFFICKING
IN PERSONS UNDER THE TRAFFICKING VICTIMS PROTECTION ACT (UNITED STATES
CODE, TITLE 22, CHAPTER 78).
S 7. The section heading and subdivision 1 of section 230.02 of the
penal law, as amended by chapter 627 of the laws of 1978, are amended to
read as follows:
Patronizing a [prostitute] PERSON FOR PROSTITUTION; definitions.
1. A person patronizes a [prostitute] PERSON FOR PROSTITUTION when:
(a) Pursuant to a prior understanding, he OR SHE pays a fee to another
person as compensation for such person or a third person having engaged
in sexual conduct with him OR HER; or
(b) He OR SHE pays or agrees to pay a fee to another person pursuant
to an understanding that in return therefor such person or a third
person will engage in sexual conduct with him OR HER; or
(c) He OR SHE solicits or requests another person to engage in sexual
conduct with him OR HER in return for a fee.
S 8. Subdivision 2 of section 230.03 of the penal law, as added by
chapter 191 of the laws of 2011, is amended to read as follows:
2. For the purposes of this section, SECTION 230.08 and section 230.19
of this article, "school zone" means (a) in or on or within any build-
ing, structure, athletic playing field, playground or land contained
within the real property boundary line of a public or private elementa-
ry, parochial, intermediate, junior high, vocational, or high school, or
(b) any public sidewalk, street, parking lot, park, playground or
private land, located immediately adjacent to the boundary line of such
school.
S 9. The penal law is amended by adding a new section 230.08 to read
as follows:
S 230.08 PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE.
1. A PERSON IS GUILTY OF PATRONIZING A PERSON FOR PROSTITUTION IN A
SCHOOL ZONE WHEN HE OR SHE COMMITS THE CRIME OF PATRONIZING A PERSON FOR
PROSTITUTION IN VIOLATION OF SECTION 230.04, 230.05, OR 230.06 OF THIS
ARTICLE IN A SCHOOL ZONE DURING THE HOURS THAT SCHOOL IS IN SESSION.
2. FOR PURPOSES OF THIS SECTION, "SCHOOL ZONE" SHALL MEAN "SCHOOL
ZONE" AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE.
PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE IS A CLASS E
FELONY.
S 10. Section 230.04 of the penal law, as amended by chapter 74 of the
laws of 2007, is amended to read as follows:
S 230.04 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third
degree.
A person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
TION in the third degree when he or she patronizes a [prostitute] PERSON
FOR PROSTITUTION.

S. 2135--B 4

Patronizing a [prostitute] PERSON FOR PROSTITUTION in the third degree
is a class A misdemeanor.
S 11. Section 230.05 of the penal law, as added by chapter 627 of the
laws of 1978, is amended to read as follows:
S 230.05 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the
second degree.
A person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
TION in the second degree when, being [over] eighteen years [of age] OLD
OR MORE, he OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and
the person patronized is less than [fourteen] FIFTEEN years [of age]
OLD.
Patronizing a [prostitute] PERSON FOR PROSTITUTION in the second
degree is a class E felony.
S 12. Section 230.06 of the penal law, as added by chapter 627 of the
laws of 1978, is amended to read as follows:
S 230.06 Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first
degree.
A person is guilty of patronizing a [prostitute] PERSON FOR PROSTITU-
TION in the first degree when [he]:
1. HE OR SHE patronizes a [prostitute] PERSON FOR PROSTITUTION and the
person patronized is less than eleven years [of age] OLD; OR
2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR
PROSTITUTION AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
Patronizing a [prostitute] PERSON FOR PROSTITUTION in the first degree
is a class D felony.
S 13. The section heading and the opening paragraph of section 230.10
of the penal law are amended to read as follows:
Prostitution and patronizing a [prostitute] PERSON FOR PROSTITUTION; no
defense.
In any prosecution for prostitution or patronizing a [prostitute]
PERSON FOR PROSTITUTION, the sex of the two parties or prospective
parties to the sexual conduct engaged in, contemplated or solicited is
immaterial, and it is no defense that:
S 14. The penal law is amended by adding three new sections 230.11,
230.12 and 230.13 to read as follows:
S 230.11 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD
DEGREE.
A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
IN THE THIRD DEGREE WHEN, BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE
PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
THAN SEVENTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
VATED SEXUAL CONDUCT.
AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE THIRD DEGREE IS
A CLASS E FELONY.
S 230.12 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE SECOND
DEGREE.
A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
IN THE SECOND DEGREE WHEN, BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE
PATRONIZES A PERSON FOR PROSTITUTION AND THE PERSON PATRONIZED IS LESS
THAN FIFTEEN YEARS OLD AND THE PERSON GUILTY OF PATRONIZING ENGAGES IN
SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRA-
VATED SEXUAL CONDUCT.
AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE SECOND DEGREE
IS A CLASS D FELONY.

S. 2135--B 5

S 230.13 AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST
DEGREE.
A PERSON IS GUILTY OF AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION
IN THE FIRST DEGREE WHEN HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
AND THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OLD, OR BEING EIGH-
TEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PERSON FOR PROSTITUTION
AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD, AND THE
PERSON GUILTY OF PATRONIZING ENGAGES IN SEXUAL INTERCOURSE, ORAL SEXUAL
CONDUCT, ANAL SEXUAL CONDUCT, OR AGGRAVATED SEXUAL CONDUCT.
AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE IS
A CLASS B FELONY.
S 15. Subdivisions 1 and 2 of section 230.15 of the penal law are
amended to read as follows:
1. "Advance prostitution." A person "advances prostitution" when,
acting other than as a [prostitute] PERSON IN PROSTITUTION or as a
patron thereof, he OR SHE knowingly causes or aids a person to commit or
engage in prostitution, procures or solicits patrons for prostitution,
provides persons or premises for prostitution purposes, operates or
assists in the operation of a house of prostitution or a prostitution
enterprise, or engages in any other conduct designed to institute, aid
or facilitate an act or enterprise of prostitution.
2. "Profit from prostitution." A person "profits from prostitution"
when, acting other than as a [prostitute] PERSON IN PROSTITUTION receiv-
ing compensation for personally rendered prostitution services, he OR
SHE accepts or receives money or other property pursuant to an agreement
or understanding with any person whereby he OR SHE participates or is to
participate in the proceeds of prostitution activity.
S 16. Subdivision 1 of section 230.19 of the penal law, as added by
chapter 191 of the laws of 2011, is amended to read as follows:
1. A person is guilty of promoting prostitution in a school zone when,
being nineteen years [of age] OLD or [older] MORE, he or she knowingly
advances or profits from prostitution [that he or she knows or reason-
ably should know is or will be committed in violation of section 230.03
of this article] in a school zone during the hours that school is in
session.
S 17. The opening paragraph and subdivisions 1 and 2 of section 230.25
of the penal law, the opening paragraph and subdivision 2 as amended by
chapter 627 of the laws of 1978 and subdivision 1 as amended by chapter
74 of the laws of 2007, are amended to read as follows:
A person is guilty of promoting prostitution in the third degree when
he OR SHE knowingly:
1. Advances or profits from prostitution by managing, supervising,
controlling or owning, either alone or in association with others, a
house of prostitution or a prostitution business or enterprise involving
prostitution activity by two or more [prostitutes] PERSONS IN PROSTITU-
TION, or a business that sells travel-related services knowing that such
services include or are intended to facilitate travel for the purpose of
patronizing a [prostitute] PERSON FOR PROSTITUTION, including to a
foreign jurisdiction and regardless of the legality of prostitution in
said foreign jurisdiction; or
2. PROFITS FROM PROSTITUTION BY ENGAGING, EITHER ALONE OR IN ASSOCI-
ATION WITH OTHERS, IN A BUSINESS OR ENTERPRISE CONSISTING OF THE TRANS-
PORTING OF A PERSON OR PERSONS FOR THE PURPOSES OF PROSTITUTION; OR
3. Advances or profits from prostitution of a person less than nine-
teen years old.

S. 2135--B 6

S 18. The opening paragraph of section 230.30 of the penal law, as
amended by chapter 627 of the laws of 1978, is amended to read as
follows:
A person is guilty of promoting prostitution in the second degree when
he OR SHE knowingly:
S 19. The first undesignated paragraph of section 230.32 of the penal
law, as added by chapter 627 of the laws of 1978, is amended to read as
follows:
A person is guilty of promoting prostitution in the first degree when
he OR SHE knowingly advances or profits from prostitution of a person
less than [eleven] THIRTEEN years old.
S 20. Section 230.33 of the penal law, as added by chapter 450 of the
laws of 2005, is amended to read as follows:
S 230.33 Compelling prostitution.
A person is guilty of compelling prostitution when, being twenty-one
years [of age or older] OLD OR MORE, he or she knowingly advances pros-
titution by compelling a person less than [sixteen] EIGHTEEN years old,
by force or intimidation, to engage in prostitution.
Compelling prostitution is a class B felony.
S 21. Subdivision 1 and paragraph (h) of subdivision 5 of section
230.34 of the penal law, as added by chapter 74 of the laws of 2007, are
amended and a new subdivision 6 is added to read as follows:
1. unlawfully providing to a person who is patronized, with intent to
impair said person's judgment: (a) a narcotic drug or a narcotic prepa-
ration; (b) concentrated cannabis as defined in paragraph (a) of subdi-
vision four of section thirty-three hundred two of the public health
law; (c) methadone; [or] (d) gamma-hydroxybutyrate (GHB) or flunitrazep-
an, also known as Rohypnol; OR (E) METHYLENEDIOXYMETHAMPHETAMINE (MDMA),
ALSO KNOWN AS ECSTASY;
(h) perform any other act which would not in itself materially benefit
the actor but which is calculated to harm the person who is patronized
materially with respect to his or her health, safety, or immigration
status[.]; OR
6. KNOWINGLY ADVANCING PROSTITUTION OF A PERSON LESS THAN EIGHTEEN
YEARS OLD.
S 22. Section 230.35 of the penal law, as amended by chapter 450 of
the laws of 2005, is amended to read as follows:
S 230.35 Promoting or compelling prostitution; accomplice.
In a prosecution for promoting prostitution or compelling prostitu-
tion, a person less than [seventeen] EIGHTEEN years [of age] OLD from
whose prostitution activity another person is alleged to have advanced
or attempted to advance or profited or attempted to profit shall not be
deemed to be an accomplice.
S 23. The first undesignated paragraph of section 230.40 of the penal
law is amended to read as follows:
A person is guilty of permitting prostitution when, having possession
or control of premises OR VEHICLE which he OR SHE knows are being used
for prostitution purposes OR FOR THE PURPOSE OF ADVANCING PROSTITUTION,
he OR SHE fails to make reasonable effort to halt or abate such use.
S 24. Subdivision 2 of section 240.37 of the penal law, as added by
chapter 344 of the laws of 1976, is amended, subdivision 3 is renumbered
subdivision 4 and a new subdivision 3 is added to read as follows:
2. Any person who remains or wanders about in a public place and
repeatedly beckons to, or repeatedly stops, or repeatedly attempts to
stop, or repeatedly attempts to engage passers-by in conversation, or
repeatedly stops or attempts to stop motor vehicles, or repeatedly

S. 2135--B 7

interferes with the free passage of other persons, for the purpose of
prostitution[, or of patronizing a prostitute as those terms are] AS
THAT TERM IS defined in article two hundred thirty of [the penal law]
THIS PART, shall be guilty of a violation and is guilty of a class B
misdemeanor if such person has previously been convicted of a violation
of this section or of [sections] SECTION 230.00 [or 230.05] of [the
penal law] THIS PART.
3. ANY PERSON WHO REMAINS OR WANDERS ABOUT IN A PUBLIC PLACE AND
REPEATEDLY BECKONS TO, OR REPEATEDLY STOPS, OR REPEATEDLY ATTEMPTS TO
STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE PASSERS-BY IN CONVERSATION, OR
REPEATEDLY STOPS OR ATTEMPTS TO STOP MOTOR VEHICLES, OR REPEATEDLY
INTERFERES WITH THE FREE PASSAGE OF OTHER PERSONS, FOR THE PURPOSE OF
PATRONIZING A PERSON FOR PROSTITUTION AS DEFINED IN SECTION 230.02 OF
THIS PART, SHALL BE GUILTY OF A VIOLATION AND IS GUILTY OF A CLASS B
MISDEMEANOR IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION
OF THIS SECTION OR OF SECTION 230.04, 230.05, 230.06 OR 230.08 OF THIS
PART.
S 25. Section 120.90 of the criminal procedure law is amended by
adding a new subdivision 9 to read as follows:
9. (A) UPON TAKING A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE INTO
CUSTODY FOR AN ACT WHICH WOULD CONSTITUTE A VIOLATION OF SECTION 230.00
OR SUBDIVISION TWO OF SECTION 240.37 OF THE PENAL LAW, A POLICE OFFICER,
AFTER PERFORMING WITHOUT UNNECESSARY DELAY ALL RECORDING, FINGERPRINT-
ING, AND OTHER PRELIMINARY POLICE DUTIES REQUIRED IN THE PARTICULAR CASE
SHALL BRING THE ARRESTED PERSON OR CAUSE SUCH PERSON TO BE BROUGHT
BEFORE A LOCAL CRIMINAL COURT AND FILE THEREWITH AN APPROPRIATE ACCUSA-
TORY INSTRUMENT. IF THE LOCAL CRIMINAL COURT IS NOT IN SESSION, THEN THE
ARRESTING OFFICER SHALL TAKE SUCH PERSON TO AN AVAILABLE SHORT-TERM SAFE
HOUSE, AS DEFINED IN SUBDIVISION TWO OF SECTION FOUR HUNDRED FORTY-SEV-
EN-A OF THE SOCIAL SERVICES LAW.
(B) NOTHING IN THIS SUBDIVISION PRECLUDES A POLICE OFFICER OR PEACE
OFFICER FROM ORIGINATING A PERSON IN NEED OF SUPERVISION PROCEEDING
PURSUANT TO SECTION SEVEN HUNDRED THIRTY-THREE OF THE FAMILY COURT ACT
IN LIEU OF REFERRAL FOR PROSECUTION.
S 26. Section 140.20 of the criminal procedure law is amended by
adding a new subdivision 8 to read as follows:
8. (A) UPON TAKING A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE INTO
CUSTODY FOR AN ACT WHICH WOULD CONSTITUTE A VIOLATION OF SECTION 230.00
OR SUBDIVISION TWO OF SECTION 240.37 OF THE PENAL LAW, A POLICE OFFICER,
AFTER PERFORMING WITHOUT UNNECESSARY DELAY ALL RECORDING, FINGERPRINT-
ING, AND OTHER PRELIMINARY POLICE DUTIES REQUIRED IN THE PARTICULAR CASE
SHALL BRING THE ARRESTED PERSON OR CAUSE SUCH PERSON TO BE BROUGHT
BEFORE A LOCAL CRIMINAL COURT AND FILE THEREWITH AN APPROPRIATE ACCUSA-
TORY INSTRUMENT. IF THE LOCAL CRIMINAL COURT IS NOT IN SESSION, THEN THE
ARRESTING OFFICER SHALL TAKE SUCH PERSON TO AN AVAILABLE SHORT-TERM SAFE
HOUSE, AS DEFINED IN SUBDIVISION TWO OF SECTION FOUR HUNDRED FORTY-SEV-
EN-A OF THE SOCIAL SERVICES LAW.
(B) NOTHING IN THIS SUBDIVISION PRECLUDES A POLICE OFFICER OR PEACE
OFFICER FROM ORIGINATING A PERSON IN NEED OF SUPERVISION PROCEEDING
PURSUANT TO SECTION SEVEN HUNDRED THIRTY-THREE OF THE FAMILY COURT ACT
IN LIEU OF REFERRAL FOR PROSECUTION.
S 27. Section 170.10 of the criminal procedure law is amended by
adding two new subdivisions 10 and 11 to read as follows:
10. IN ANY PROCEEDING UNDER THIS ARTICLE BASED UPON AN ARREST FOR
PROSTITUTION AS DEFINED IN SECTION 230.00 OF THE PENAL LAW, OR LOITERING
FOR THE PURPOSES OF PROSTITUTION AS DEFINED IN SUBDIVISION TWO OF

S. 2135--B 8

SECTION 240.37 OF THE PENAL LAW, A YOUTH SIXTEEN OR SEVENTEEN YEARS OF
AGE SHALL BE TREATED AS A SEXUALLY EXPLOITED CHILD PURSUANT TO SECTION
FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW.
11. THE COURT SHALL ORDER SPECIALIZED SERVICES ENUMERATED IN SUBDIVI-
SIONS TWO, THREE, FOUR AND FIVE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF
THE SOCIAL SERVICES LAW FOR A PERIOD NOT TO EXCEED THREE MONTHS, UPON
THE CONSENT OF THE SEXUALLY EXPLOITED CHILD ACCUSED OF PROSTITUTION AS
DEFINED IN SECTION 230.00 OF THE PENAL LAW OR LOITERING FOR THE PURPOSES
OF PROSTITUTION AS DEFINED IN SUBDIVISION TWO OF SECTION 240.37 OF THE
PENAL LAW. NOTHING IN THIS SUBDIVISION SHALL PRECLUDE THE COURT FROM
DISMISSING SUCH A CASE IN THE INTEREST OF JUSTICE PURSUANT TO PARAGRAPH
(G) OF SUBDIVISION ONE OF SECTION 170.30 OF THIS ARTICLE WITHOUT ORDER-
ING SPECIALIZED SERVICES AS AFORESAID.
S 28. Section 170.30 of the criminal procedure law is amended by
adding a new subdivision 4 to read as follows:
4. AFTER ARRAIGNMENT UPON AN INFORMATION, A SIMPLIFIED INFORMATION, A
PROSECUTOR'S INFORMATION OR A MISDEMEANOR COMPLAINT, THE LOCAL CRIMINAL
COURT SHALL DISMISS SUCH INSTRUMENT ON THE GROUNDS THAT A SEXUALLY
EXPLOITED CHILD ACCUSED OF PROSTITUTION AS DEFINED IN SECTION 230.00 OF
THE PENAL LAW OR LOITERING FOR THE PURPOSES OF PROSTITUTION AS DEFINED
IN SUBDIVISION TWO OF SECTION 240.37 OF THE PENAL LAW COOPERATED WITH
SERVICES ORDERED BY THE COURT.
S 29. Subdivision 6 of section 380.50 of the criminal procedure law,
as amended by chapter 320 of the laws of 2006, is amended to read as
follows:
6. Regardless of whether the victim requests to make a statement with
regard to the defendant's sentence, where the defendant is sentenced for
a violent felony offense as defined in section 70.02 of the penal law or
a felony defined in article one hundred twenty-five of such law or any
of the following provisions of such law: sections 130.25, 130.30,
130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three,
135.10, 135.25, 230.04, 230.05, 230.06, 230.08, 230.11, 230.12, 230.13,
subdivision two of section 230.30 or 230.32, the prosecutor shall, with-
in sixty days of the imposition of sentence, provide the victim with a
form on which the victim may indicate a demand to be informed of any
petition to change the name of such defendant. Such forms shall be
maintained by such prosecutor. Upon receipt of a notice of a petition to
change the name of any such defendant, pursuant to subdivision two of
section sixty-two of the civil rights law, the prosecutor shall promptly
notify the victim at the most current address or telephone number
provided by such victim in the most reasonable and expedient possible
manner of the time and place such petition will be presented to the
court.
S 30. The opening paragraph of paragraph (i) of subdivision 1 of
section 440.10 of the criminal procedure law, as added by chapter 332 of
the laws of 2010, is amended to read as follows:
The judgment is a conviction where the arresting charge was under
section 240.37 (loitering for the purpose of engaging in a prostitution
offense, provided that the defendant was not alleged to be loitering for
the purpose of patronizing a [prostitute] PERSON FOR PROSTITUTION or
promoting prostitution) or 230.00 (prostitution) of the penal law, and
the defendant's participation in the offense was a result of having been
a victim of sex trafficking under section 230.34 of the penal law or
trafficking in persons under the Trafficking Victims Protection Act
(United States Code, title 22, chapter 78); provided that

S. 2135--B 9

S 31. Paragraph (h) of subdivision 8 of section 700.05 of the crimi-
nal procedure law, as amended by chapter 154 of the laws of 1990, is
amended to read as follows:
(h) Promoting prostitution in the first degree, as defined in section
230.32 of the penal law, promoting prostitution in the second degree, as
defined [by subdivision one of] IN section 230.30 of the penal law,
PROMOTING PROSTITUTION IN THE THIRD DEGREE, AS DEFINED IN SECTION 230.25
OF THE PENAL LAW;
S 32. Subdivision 1 of section 720.10 of the criminal procedure law,
as amended by chapter 411 of the laws of 1979, is amended to read as
follows:
1. "Youth" means a person charged with a crime alleged to have been
committed when he OR SHE was at least sixteen years old and less than
nineteen years old or a person charged with being a juvenile offender as
defined in subdivision forty-two of section 1.20 of this chapter OR A
PERSON CHARGED WITH LOITERING FOR THE PURPOSES OF PROSTITUTION AS
DEFINED IN SUBDIVISION TWO OF SECTION 240.37 OF THE PENAL LAW WHERE SUCH
VIOLATION WAS ALLEGED TO HAVE BEEN COMMITTED WHEN HE OR SHE WAS SIXTEEN
OR SEVENTEEN YEARS OLD.
S 33. Paragraph (b) of subdivision 1 of section 720.20 of the criminal
procedure law, as amended by chapter 652 of the laws of 1974, is amended
and a new paragraph (c) is added to read as follows:
(b) Where the conviction is had in a local criminal court and the
eligible youth had not prior to commencement of trial or entry of a plea
of guilty been convicted of a crime or found a youthful offender, the
court must find he is a youthful offender. ANY CONVICTION FOR PROSTITU-
TION AS DEFINED IN SECTION 230.00 OF THE PENAL LAW OR LOITERING FOR THE
PURPOSES OF PROSTITUTION AS DEFINED IN SUBDIVISION TWO OF SECTION 240.37
OF THE PENAL LAW RESULTING IN A PRIOR YOUTHFUL OFFENDER ADJUDICATION
SHALL NOT PRECLUDE THE YOUTH'S ELIGIBILITY FOR YOUTHFUL OFFENDER TREAT-
MENT PURSUANT TO THIS SUBDIVISION.
(C) WHERE A SIXTEEN OR SEVENTEEN YEAR OLD YOUTH IS CONVICTED OF PROS-
TITUTION AS DEFINED IN SECTION 230.00 OF THE PENAL LAW, OR LOITERING FOR
THE PURPOSES OF PROSTITUTION AS DEFINED IN SUBDIVISION TWO OF SECTION
240.37 OF THE PENAL LAW, THE COURT MUST FIND SUCH YOUTH A YOUTHFUL
OFFENDER.
S 34. Subdivision (a) of section 483-cc of the social services law, as
added by chapter 74 of the laws of 2007, is amended to read as follows:
(a) As soon as practicable after a first encounter with a person who
reasonably appears to a law enforcement agency [or a], district attor-
ney's office, OR AN ESTABLISHED PROVIDER OF SOCIAL OR LEGAL SERVICES
DESIGNATED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE OR THE
OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE to be a human trafficking
victim, that agency [or], office OR PROVIDER shall notify the office of
temporary and disability assistance and the division of criminal justice
services that such person may be eligible for services under this arti-
cle.
S 35. Subdivision (p) of section 10.03 of the mental hygiene law, as
added by chapter 7 of the laws of 2007, is amended to read as follows:
(p) "Sex offense" means an act or acts constituting: (1) any felony
defined in article one hundred thirty of the penal law, including a
sexually motivated felony; (2) patronizing a [prostitute] PERSON FOR
PROSTITUTION in the first degree as defined in section 230.06 of the
penal law, AGGRAVATED PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST
DEGREE AS DEFINED IN SECTION 230.13 OF THE PENAL LAW, AGGRAVATED PATRON-
IZING A MINOR FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN

S. 2135--B 10

SECTION 230.12 OF THE PENAL LAW, AGGRAVATED PATRONIZING A MINOR FOR
PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN SECTION 230.11 OF THE
PENAL LAW, incest in the second degree as defined in section 255.26 of
the penal law, or incest in the first degree as defined in section
255.27 of the penal law; (3) a felony attempt or conspiracy to commit
any of the foregoing offenses set forth in this subdivision; or (4) a
designated felony, as defined in subdivision (f) of this section, if
sexually motivated and committed prior to the effective date of this
article.
S 36. Subparagraph (i) of paragraph (a) of subdivision 2 of section
168-a of the correction law, as amended by chapter 405 of the laws of
2008, is amended to read as follows:
(i) a conviction of or a conviction for an attempt to commit any of
the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20
or 135.25 of such law relating to kidnapping offenses, provided the
victim of such kidnapping or related offense is less than seventeen
years old and the offender is not the parent of the victim, or section
230.04, where the person patronized is in fact less than seventeen years
of age, 230.05 [or], 230.06, 230.08, [or] 230.11, 230.12, 230.13, subdi-
vision two of section 230.30, [or] section 230.32 [or], 230.33, OR
230.34 of the penal law, OR SECTION 230.25 OF THE PENAL LAW WHERE THE
PERSON PROSTITUTED IS IN FACT LESS THAN SEVENTEEN YEARS OLD, or
S 37. Paragraph (b) of subdivision 1 of section 168-d of the
correction law, as amended by chapter 74 of the laws of 2007, is amended
to read as follows:
(b) Where a defendant stands convicted of an offense defined in para-
graph (b) of subdivision two of section one hundred sixty-eight-a of
this article or where the defendant was convicted of patronizing a
[prostitute] PERSON FOR PROSTITUTION in the third degree under section
230.04 of the penal law and the defendant controverts an allegation that
the victim of such offense was less than eighteen years of age or, in
the case of a conviction under section 230.04 of the penal law, less
than seventeen years of age, the court, without a jury, shall, prior to
sentencing, conduct a hearing, and the people may prove by clear and
convincing evidence that the victim was less than eighteen years [of
age] OLD or less than seventeen years [of age] OLD, as applicable, by
any evidence admissible under the rules applicable to a trial of the
issue of guilt. The court in addition to such admissible evidence may
also consider reliable hearsay evidence submitted by either party
provided that it is relevant to the determination of the age of the
victim. Facts concerning the age of the victim proven at trial or ascer-
tained at the time of entry of a plea of guilty shall be deemed estab-
lished by clear and convincing evidence and shall not be relitigated. At
the conclusion of the hearing, or if the defendant does not controvert
an allegation that the victim of the offense was less than eighteen
years [of age] OLD or less than seventeen years [of age] OLD, as appli-
cable, the court must make a finding and enter an order setting forth
the age of the victim. If the court finds that the victim of such
offense was under eighteen years [of age] OLD or under seventeen years
[of age] OLD, as applicable, the court shall certify the defendant as a
sex offender, the provisions of paragraph (a) of this subdivision shall
apply and the defendant shall register with the division in accordance
with the provisions of this article.

S. 2135--B 11

S 38. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 400 of the laws of 2011, is
amended to read as follows:
(c) The offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13, 115.05,
120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,
125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
230.04, 230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.19, 230.20,
235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two
of section 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09,
265.10, 265.12, 265.35 of the penal law or an attempt to commit any of
the aforesaid offenses under section 110.00 of the penal law, or any
similar offenses committed under a former section of the penal law, or
any offenses committed under a former section of the penal law which
would constitute violations of the aforesaid sections of the penal law,
or any offenses committed outside this state which would constitute
violations of the aforesaid sections of the penal law.
S 39. Section 2324-a of the public health law, as amended by chapter
260 of the laws of 1978, is amended to read as follows:
S 2324-a. Presumptive evidence. For the purposes of this title, two
or more convictions of any person or persons had, within a period of one
year, for any of the offenses described in section 230.00, 230.04,
230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25 [or],
230.30 OR 230.32 of the penal law arising out of conduct engaged in at
the same real property consisting of a dwelling as that term is defined
in subdivision four of section four of the multiple dwelling law shall
be presumptive evidence of conduct constituting use of the premises for
purposes of prostitution.
S 40. Subdivision 2 of section 715 of the real property actions and
proceedings law, as added by chapter 494 of the laws of 1976, is amended
to read as follows:
2. For purposes of this section, two or more convictions of any person
or persons had, within a period of one year, for any of the offenses
described in section 230.00, 230.04, 230.05, 230.06, 230.08, 230.11,
230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal
law arising out of conduct engaged in at the same real property consist-
ing of a dwelling as that term is defined in subdivision four of section
four of the multiple dwelling law shall be presumptive evidence of
conduct constituting use of the premises for purposes of prostitution.
S 41. Subdivision 3 of section 231 of the real property law, as
amended by chapter 203 of the laws of 1980, is amended to read as
follows:
3. For the purposes of this section, two or more convictions of any
person or persons had, within a period of one year, for any of the
offenses described in section 230.00, 230.04, 230.05, 230.06, 230.08,
230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the
penal law arising out of conduct engaged in at the same premises
consisting of a dwelling as that term is defined in subdivision four of
section four of the multiple dwelling law shall be presumptive evidence
of unlawful use of such premises and of the owners knowledge of the
same.

S. 2135--B 12

S 42. Subdivision 3 of section 502 of the executive law, as amended by
section 1 of subpart B of part Q of chapter 58 of the laws of 2011, is
amended to read as follows:
3. "Detention" means the temporary care and maintenance of A SIXTEEN
OR SEVENTEEN YEAR OLD ALLEGED TO HAVE COMMITTED PROSTITUTION AS DEFINED
IN SECTION 230.00 OF THE PENAL LAW OR LOITERING FOR THE PURPOSES OF
PROSTITUTION AS DEFINED IN SUBDIVISION TWO OF SECTION 240.37 OF THE
PENAL LAW OR A youth held away from their homes pursuant to article
three or seven of the family court act, or held pending a hearing for
alleged violation of the conditions of release from an office of chil-
dren and family services facility or authorized agency, or held pending
a hearing for alleged violation of the condition of parole as a juvenile
offender, or held pending return to a jurisdiction other than the one in
which the youth is held, or held pursuant to a securing order of a crim-
inal court if the youth named therein as principal is charged as a juve-
nile offender or held pending a hearing on an extension of placement or
held pending transfer to a facility upon commitment or placement by a
court. Only alleged or convicted juvenile offenders who have not
attained their eighteenth birthday shall be subject to detention in a
detention facility.
S 43. Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (s) to read as follows:
(S) ADOPT RULES ESTABLISHING A TRAINING PROGRAM IN SPECIALIZED AREAS
INVOLVING SEXUALLY EXPLOITED YOUTH AND ADOLESCENT DEVELOPMENT.
S 44. This act shall take effect on the ninetieth day after it shall
have become a law.

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